PART 1. CIVIL RULES AND
Section IV. Parties
INFANTS AND INCOMPETENT
(a) Infants and Incompetent Persons.
(1) No claim of an infant or incompetent
person shall be settled or compromised without leave of the
court, embodied in an order approving the stipulation of
(2) Whenever an infant or incompetent
person has recovered a sum of money, whether by settlement or
judgment, such money, whether collected upon execution or
otherwise, shall be deposited with the clerk, unless
otherwise ordered by the court, to abide the further order of
the court in the premises. Such money shall not be withdrawn
except as hereinafter provided.
(3) Upon production of a certified copy of
letters of guardianship of the property of the infant or
incompetent person, or like commission, or of an order
approving the compromise of a disputed claim of a minor, as
contemplated by Idaho Code § 15-5-409a issued out of any
court of competent jurisdiction of the state, county, or
district where the infant or incompetent person resides, an
application may be made on behalf of the infant or
incompetent person for an order directing the clerk to pay
over to such guardian or other named or authorized person the
amount so deposited. Such application must be made either by
the attorney of record of the infant or incompetent person,
or on notice to such attorney.
(4) On such application the amount of the
attorney's lien on the fund, if any, shall be fixed and
determined by the court, which determination shall be
embodied in the order directing the disposal of the fund .
The clerk shall thereupon pay out the monies as directed.
(b) Bond of Guardian Ad Litem. In cases
in which an infant or incompetent person is represented by a next
friend or by a guardian ad litem, as required by Idaho
Code § 16-1618, no such next friend or guardian ad litem
shall receive money or other property of the infant or
incompetent person until the next friend or guardian ad litem
has given such security for the faithful performance of such
duties as the court shall prescribe. If such next friend or
guardian ad litem shall not desire to receive any such
money or property, the same may be paid or delivered to the
clerk, or to such persons as may be directed by the judge, with
like effect as if paid or delivered to the next friend or
guardian ad litem, subject to payment of the clerk's fees.
Fed. R. Civ. P. 17(c)